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2025 DAILYLAW 74090 (ALL)

RAM NARESH YADAV AND 3 OTHERS v. State of U.P. AND ANOTHER

A482/21537/2024 · 2025-03-18

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39621 Court No. - 74 Case :- APPLICATION U/S 482 No. - 21537 of 2024 Applicant :- Ram Naresh Yadav And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Lalji Yadav,Yashpal Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel appearing on behalf of applicants and learned AGA for State. 2. The instant application u/s 482 Cr.P.C. has been preferred for challenging the order dated 08.01.2024, issuing BW for Rs. 5,000/- and proceeding initiated in pursuance thereof, against the applicants at Criminal Case No. 1040 of 2012 (State Vs. Ram Naresh Yadav and others) arising out of Case Crime No. 390 of 2011, Under Sections 332, 353, 336, 504, 506 IPC and 7 Criminal Law Amendment Act, Police Station-Nebua Naurangia, District-Kushinagar, pending before Judicial Magistrate, Kushinagar at Padrauna. 3. The order which impugned the present application has already been challenged in Application U/s 482 No. 39075 of 2014, wherein interim protection was granted in favour of the applicants but the same was dismissed in default due to non- prosecution on 30.04.2015, wherein restoration application was preferred at the behest of the applicants on dated 22.10.2019 and the same is still pending to be consider by this Court. 4. Institution of the present application for seeking same relief, especially in shape of seeking protection against the orders of bailable warrants is not at all maintainable. Whatever prayer amenable to be sought arising out of the same charge sheet is to be consider in Application U/s 482 No. 39075 of 2014, wherein restoration application is still pending. 5. In view of the above, the applicants are at liberty to press their restoration application pending in Application U/s 482 No. 39075 of 2014. 6. Accordingly, the instant application u/s 482 Cr.P.C. is dismissed. Order Date :- 19.3.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad